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Home » Law Dictionary » R » RESTRAINT

RESTRAINT

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

Confinement, abridgment, or limitation. Prohibition of action; holding or pressing back from action. Hindrance, confinement, or restriction of liberty. “What, then, according to a common understanding, is the meaning of the term ‘restraint?’ Does it imply that the limitation, restriction, or confinement must be imposed by those who are in possession of the person or thing which is limited, restricted, or confined, or is the term satisfied by a restriction created by the application of external force? If, for example, a town be besieged, and the inhabitants confined within its walls by the besieging army, if, in attempting to come out, they are forced back, would it be inaccurate to say that they are restrained within those limits? The court believes that it would not; and, if it would not, then with equal propriety may it be said, when a port is blockaded, that the vessels within are confined, or restrained from coming out. The blockading force is not in possession of the vessels inclosed in the harbor, but it acts upon and restrains them. It is a vis major, applied directly and effectually to them, which prevents them from coming out of port. This appears to the court to be, in correct language, ‘a restraint,’ by the power imposing the blockade; and when a vessel, attempting to come out, is boarded and turned back, this restraining force is practically applied to such vessel.” Olivera v. Union Ins. Co., 3 Wheat 189, 4 L. Ed. 365. The terms “restraint” and “detention of princes,” as used in policies of marine insurance, have the same meaning,that of the effect of superior force, operating directly on the vessel. So long as a ship is under restraint so long she is” detained; and, whenever she is detained, she is under restraint Richardson v. Insurance Co.. 6 Mass. 102, 4 Am. Dec. 92. Restraint of marriage. A contract, covenant, bond, or devise is “in restraint of marriage” when its conditions unreasonably hamper or restrict the party’s freedom to marry, or his choice, or unduly postpone the time of his marriage. Restraint of trade. Contracts or combinations in restraint of trade are such as tend or are designed to eliminate or stifle competition, effect a monopoly, artificially maintain prices, or otherwise hamper or obstruct the course of trade and commerce as it would be carried on if left to the control of natural and economic forces. See U. S. v. Trans Missouri Freight Ass’n, 166 U. S. 290, 17 Sup. Ct. 540, 41 L. Eld. 1007; Hodge v. Sloan, 107 N. Y. 244, 17 N. E. 335, 1 Am. St Rep. 816. With reference to contracts between individuals, a restraint of trade is said to be “general” or “special.” A contract which forbids a person to employ his talents, industry, or capital in any undertaking within the limits of the state or country is in “general” restraint of trade; if it forbids him to employ himself in a designated trade or business, either for a limited time or within a prescribed area or district it is in “special” restraint of trade. See Holbrook v. Waters, 9 How. Prac. (N. Y.) 337. Restraint on alienation is where property is given to a married woman to her separate use, without power of alienation.

Related Posts:

  • CONFINEMENT
  • RESTRICTION
  • CONFINEMENT IN PRISON
  • INCARCERATION
  • LIMITATION ESTATES
  • IMPRISONMENT

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